What is the difference between a motion and a decision?
Manitoba, Canada
The following excerpt is from Sinclair v. McAuley, 2012 MBCA 63 (CanLII):
3 I am now being asked to consider the same application. The facts and events leading to this application need not be repeated as they are detailed in my colleague’s decision, referenced at Sinclair v. McAuley, 2012 MBCA 29. However, since his decision, there have been significant changes in circumstances. The motions judge’s order has now been finalized and signed; a request for a stay has been made to and refused by the motions judge; the mother has since passed away; and the insurance proceeds are ready to be paid out to the beneficiaries.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review of a motion judge's decision not to interfere with the decision of the motion judge? (Manitoba, Canada)
What is the test for a motion for security for costs in a family proceeding where a Notice of Motion to Vary has been filed? (Manitoba, Canada)
What are the principles to apply in the context of a motion by a plaintiff to have his case considered on the merits of the motion? (Manitoba, Canada)
What is the effect of a motion to keep an injunction in place until a decision is rendered at trial? (Manitoba, Canada)
Does a decision-maker have the authority to make a decision in a de novo hearing? (Manitoba, Canada)
How have courts dealt with a husband's motion for summary judgment on a motion to invalidate a binding agreement? (Manitoba, Canada)
Does the doctrine supporting finality of court decisions apply equally to decisions made by administrative officers or tribunals? (Manitoba, Canada)
What is the current state of the law on a motion of motion for personal injury? (Manitoba, Canada)
In an appeal of an interlocutory discretionary decision by a motion judge refusing an agency's request for production of electronic communications, does the court have to intervene? (Manitoba, Canada)
What is the test for obtaining a warrant to search a property at a different address? (Manitoba, Canada)
